The Lawyers.com Law Forums will be shutting down on June 30, 2017. We encourage you to resolve any outstanding discussions prior to that time. If you have any questions about this change, please email info@martindale.com.

Kentucky - Joint Return Privilege

Previous | Next
 rated by 0 users
Latest post Thu, Mar 10 2016 3:22 PM by Drew. 8 replies.
  • Wed, Mar 9 2016 12:55 PM

    • BCarroll
      Consumer
    • Not Ranked
    • Joined on Wed, Mar 9 2016
    • KY
    • Posts 2

    Kentucky - Joint Return Privilege

    Background: The spouse is the plaintiff in a retaliation lawsuit and the wife is not connected in any way with the case.

    Defendants counsel asked for income verification and was provided the income section of electronically filed tax returns for the past 3 years with wife' information redacted and a letter from former employers on the employer letterhead detailing years employed and salary.  The defendants counsel is stating that is insufficient proof of "income" and wants the total tax returns which includes co-mingled tax information and numbers.

    Question: Has the submission of requested documents met the production requirements and is the wife entitled to non-disclosure of her personal and financial information?  Sage advice, opinions, options and courses of action are welcome.

    Thank you

  • Wed, Mar 9 2016 2:21 PM In reply to

    Re: Kentucky - Joint Return Privilege

    BCarroll:
    Has the submission of requested documents met the production requirements

    I don't really know what "production requirements" means, but only someone who has seen the documents that were produced is going to be able to answer this question.  Doesn't the husband have a lawyer representing him in the lawsuit?  If so, what does the lawyer say?

     

    BCarroll:
    is the wife entitled to non-disclosure of her personal and financial information?

    Sure, but not disclosure obviously could jeopardize her husband's case.

  • Wed, Mar 9 2016 2:49 PM In reply to

    • BCarroll
      Consumer
    • Not Ranked
    • Joined on Wed, Mar 9 2016
    • KY
    • Posts 2

    Re: Kentucky - Joint Return Privilege

    Motion to Compel on "income" verification. The husband is represented by counsel.

    His lawyer said; defendants counsel is "fishing" and has been provided income verification in 3 separate depositions, and employer records as well as tax returns.

    How could someone not connected with a case affect it, when defendant's lawyer got what they requested?

    Plaintiff was denied right to inspect defendants public institution emails and they admitted to spoliation on the record during deposition (no sanction).

    Does this sound like it is going well so far for the plaintiff?

  • Thu, Mar 10 2016 5:19 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Kentucky - Joint Return Privilege

    That's why there are lawyers and courts...To some extent on is entitled to fish ...how hard to,oppose fishing is a question of your budget and other budget and what might be in fishing hole 

    The definition of income is in KY law and oTmclose but not identical to Federal tax concepts, and it is sort of gross income less certain excpions ...and KY addresses at least three ways to,show income , you did 2 and 3d is tax return

    KY is not a community property state ..wonder why your spouse's income is relevant  on a fishing trip? 



  • Thu, Mar 10 2016 7:46 AM In reply to

    Re: Kentucky - Joint Return Privilege

    BCarroll:
    Question: Has the submission of requested documents met the production requirements and is the wife entitled to non-disclosure of her personal and financial information? 

    I haven't read the discovery request that was submitted so I cannot say. But if the request for a copy of the return then arguably not providing the entire return is not good enough. If I were defendant’s counsel I wouldn't settle for just the income section and having sections blacked out claiming it pertained to the spouse. My concern would be that the plantiff may be hiding information that I may need to see. I'd probably push to see the entire return. Up to the plaintiff in that case whether it's worth the trouble and expense to refuse and take it to court. 

     

  • Thu, Mar 10 2016 7:54 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Kentucky - Joint Return Privilege

    If You don't supply something  that was clearly requested ...leaves open speculation of what is it you seek to hide .

    I Do know I guy who failed to file...thus frustrated that question....but it's not a move I would suggest .

     



  • Thu, Mar 10 2016 7:59 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Kentucky - Joint Return Privilege

    • There are some articles  on federal tax returns having a qualified privledge ...but you may have burden to show why yours need not be released...is it worth the fuss at $ xxxx/ hr to debate it ? 



  • Thu, Mar 10 2016 1:51 PM In reply to

    Re: Kentucky - Joint Return Privilege

    BCarroll:

    The husband is represented by counsel.

    His lawyer said. . . .

    Then there's your answer.  No one here (or on any other message board) is sufficiently informed either to corroborate or contradict what his lawyer has told him.

     

    BCarroll:
    How could someone not connected with a case affect it, when defendant's lawyer got what they requested?

    Uninformed speculation won't prove useful.  You said that the defendant made a motion to compel, and I'm quite sure that the motion contains an argument that addresses this very question (or, if it doesn't, it isn't likely to be granted).

     

    BCarroll:
    Does this sound like it is going well so far for the plaintiff?

    Ask your/your husband's (not sure which you are) lawyer.

  • Thu, Mar 10 2016 3:22 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Kentucky - Joint Return Privilege

    • Workplace suit or what....I don't  see what the spouse has to,do,with it....but unless you lawer has a better answer....Whats the big fear to release spousal data ? 



Page 1 of 1 (9 items) | RSS

My Community

Community Membership New Users: Search Community